In the realm of employment in the United States, the Form I-9, officially known as the Employment Eligibility Verification, plays a pivotal role. This document is crucial for employers to verify the identity and employment authorization of individuals they hire for employment in the country. Below, we explore five essential facts about I-9 paperwork that both employers and employees should know:
1. The Purpose and Legal Obligations
The primary purpose of the I-9 form is to ensure that all individuals hired for employment in the United States are legally authorized to work. This law stems from the Immigration Reform and Control Act of 1986 (IRCA), which makes it illegal for employers to knowingly hire individuals not authorized to work in the U.S.
⚠️ Note: Failure to comply with I-9 regulations can lead to fines, penalties, or even criminal charges for employers.
2. Documentation Requirements
Employees must complete Section 1 of Form I-9 on or before their first day of work for pay. This section asks for personal information such as name, address, date of birth, and immigration status. Subsequently, within three business days of the start date, employees must present:
- One document from List A (Documents that establish both identity and employment authorization)
- Or, one document from List B (establishing identity) and one from List C (establishing employment authorization).
📝 Note: Originals must be presented for verification; photocopies are not acceptable.
3. Retention and Storage of I-9 Forms
Employers must keep completed I-9 forms for:
- Three years after the date of hire, or
- One year after the employment is terminated, whichever is later.
This requirement not only applies to current employees but also to former ones, making proper storage crucial for compliance and potential audits by agencies like Immigration and Customs Enforcement (ICE).
| Type of Employee | Retention Requirement |
|---|---|
| Current Employees | From the date of hire |
| Former Employees | From the date of termination |
4. Reverification of Employment Authorization
Employers must also know when and how to reverify the employment authorization of their employees. Reverification is necessary when an employee's employment authorization document:
- Has an expiration date, or
- The employee's work authorization is temporary.
This process involves updating Section 3 of the I-9 form or completing a new I-9 for reverification. Remember, reverification must not be done for U.S. citizens or permanent residents.
5. Audits and Penalties
The U.S. government, particularly ICE and the Department of Labor (DOL), conducts audits to ensure compliance with immigration and employment laws. These audits can be:
- Unannounced or by notice,
- Triggered by a specific event or randomly selected.
Employers found non-compliant can face:
- Fines from $230 to $2,292 per unauthorized worker for first-time violations.
- Subsequent violations can result in higher penalties, up to $11,463 per unauthorized worker.
🔍 Note: Proactively conducting a self-audit can help employers identify and rectify compliance issues before an official audit occurs.
To ensure smooth compliance with I-9 requirements, both employees and employers must understand these key aspects. Proper handling of I-9 paperwork is not only a legal obligation but also a step towards fostering a secure and inclusive workplace environment. The implications of neglecting this form can be severe, from financial penalties to potential business disruptions.
What documents are acceptable for proving employment authorization?
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Documents acceptable for I-9 verification include a U.S. Passport or a U.S. Passport Card (List A), a Driver’s License (List B), and a Social Security Card (List C).
How soon after an employee starts working must Form I-9 be completed?
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Section 1 of Form I-9 must be completed by the employee on or before the first day of work for pay. The employer must complete Section 2 within three business days of the employee’s first day of work.
Can an employee work while their I-9 documentation is being reviewed?
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No. Employees must have their I-9 documentation properly reviewed and completed before beginning work for pay, as per the IRCA.
